Sen. Pamela J. Althoff

Filed: 5/7/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 84

2    AMENDMENT NO. ______. Amend House Bill 84 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Wholesale Drug Distribution Licensing Act
5is amended by adding Section 200 as follows:
 
6    (225 ILCS 120/200 new)
7    Sec. 200. Drugs in shortage.
8    (a) For the purpose of this Section, "drug in shortage"
9means a drug, as defined in Section 356c of the Federal Food,
10Drug, and Cosmetic Act, listed on the drug shortage list
11maintained by the U.S. Food and Drug Administration in
12accordance with Section 356e of the Federal Food, Drug, and
13Cosmetic Act.
14    (b) Any person engaged in the wholesale distribution of a
15drug in shortage in this State must be licensed by the
16Department.

 

 

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1    (c) It is unlawful for any person, other than a
2manufacturer, a manufacturer's exclusive distributor, a third
3party logistics provider, or an authorized distributor of
4record, to purchase or receive a drug in shortage from any
5person not licensed by the Department. This subsection (c) does
6not apply to the return of drugs or the purchase or receipt of
7drugs pursuant to any of the distributions that are
8specifically excluded from the definition of "wholesale
9distribution" in Section 15 of the Wholesale Drug Distribution
10Licensing Act.
11    (d) A person found to have violated a provision of this
12Section shall be subject to administrative fines, orders for
13restitution, and orders for disgorgement.
14    (e) The Department shall create a centralized, searchable
15database of those entities licensed to engage in wholesale
16distribution, including manufacturers, wholesale distributors,
17and pharmacy distributors, to enable purchasers of a drug in
18shortage to easily verify the licensing status of an entity
19offering such drugs.
20    (f) The Department shall establish a system for reporting
21the suspected instances of unscrupulous conduct by
22distributors of a drug in shortage. Reports made through this
23system shall be referred to the Office of the Attorney General
24for further investigation and prosecution.
25    (g) The Department shall adopt rules to carry out the
26provisions of this Section.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".